Planning, Zoning, and Land Records Committee

                                   SAUK COUNTY BOARD OF SUPERVISORS
                      PLANNING, ZONING AND LAND RECORDS COMMITTEES
          Tuesday, August 23, 2011 – County Board Room, West Square Building


Planning, Zoning, & Land Records (PZLR) Committee members present: J. Ashford, F. Halfen, G. Lehman, D. Nobs

Others present: G. Bebar, M. Dimmer, T. Dimmer, J. Fish, R. Grant, J. Gurgel, L. Gurgel, A. Kleczek Bolin, B. Michalek, L. Mundth, P. Murray, J. Ott, P. Pohle, B. Simmert, S.Sorenson, D. Toeder, B. Vaillancourt, R. Valek, B. Wenzel

Absent: J. Gaalswyk was absent.

At 9:00 a.m. Vice Chair Ashford called the Planning, Zoning and Land Records Committee to order and certified to be in compliance with the Open Meetings Law.

Adopt agenda: Motion by Halfen/Nobs to adopt the agenda. Motion carried, all members in favor.
Adopt minutes of previous meeting: Motion by Halfen/Nobs to adopt the minutes of the July 26 meeting. Motion carried, all members in favor.

Public comment: Richard Grant was granted permission to speak later in the agenda regarding the Badger Oversight Management Commission (BOMC). Michalek presented BOMC’s finances.

Communications: Committee members were provided the consolidation packet for the Mundth Farm. Michalek received a call from the American Transmission Company thanking the Committee for the opportunity to speak at the meeting, noting they thought the process was open and fair, and would be interested in future communication. There was discussion regarding DNR’s attendance at the August 30 meeting regarding the Lake Redstone Dam and the ordinance language. Only one call has been received from the approximately 70 letters that went out in mid-August about the Lake Redstone Dam.

Clarification of staff assistance with the Badger Oversight Management Commission (BOMC)-Bill Wenzel, Chair of BOMC: The Conservation, Planning, and Zoning Department has $10,000 allocated for some sort of staff assistance for the BOMC. Assistance of Planning and Zoning staff was approved by Sauk County. The overall question is does the Committee wish to maintain that involvement. Staff currently prepares the agenda, and takes and posts the minutes. Estimate it would take about four hours to prepare the agenda and post the minutes. Estimate approximately 20 hours to take and transcribe minutes. There are approximately six meetings per year. Estimate $2,500 for 8-12 hours per meeting. Looking at $500/meeting to take minutes. Committee would like actual transcription because of historic importance. This is difficult, and it was noted that minutes are not supposed to include what is said but to be a recording of the action. During these budget times, the county needs to be compensated for their services. Approximately 12 hours have been used this year out of the $10,000. Wenzel would like to have something to show for it instead of being used for staff time. It was agreed that Michalek, Wenzel, Grant, and possibly Lehman meet to come to an agreement on the assistance that will be provided and a cost estimate.

The Committee recessed at 10:00 a.m.

The Committee went to public hearing at 10:09 a.m.

The hearing was called to order, and the members introduced themselves. Nobs recused himself from the committee for the public hearing due to the fact that he was on the Excelsior Town Board and there will still be a quorum.

Petition # 4-2011. A Petition by the Town of Excelsior c/o Joe Fish, Town Chair to change the predominant zoning in the Town of Excelsior from a Resource Conservancy-5 to a Resource Conservancy-35 Zoning District. The land to be affected by the proposed rezone to Resource Conservancy-35 includes all lands currently zoned Resource Conservancy-5.

Simmert presented the staff report which included background information on the history of the rezoning process and comprehensive plan. Their purpose is to establish a town-wide zoning program that reflects the vision, goals, objectives, and policies of the Town of Excelsior’s Comprehensive Plan and to utilize RC-35 Zoning as an interim zoning program with possible adoption of exclusive agricultural zoning in the future. It is not yet known when the Exclusive Agricultural Zoning (EAZ) District will be updated to meet new state statutes as towns currently zoned EAZ do not agree with the density policy prescribed by the State. Therefore staff will need to work with EAZ towns to develop a density policy acceptable to the towns and which is certifiable by DATCP. This will likely take time. Therefore the town felt it was in their best interest to rezone to RC-35 in the interim.

Joe Fish, Chair of Town of Excelsior - appeared in favor of the rezone and gave the reasoning why the Town of Excelsior is asking for the rezoning at the current time. The town voted unanimously in favor of the rezone.

It was clarified that the land affected by the Rock Springs quarry is not part of the rezone request. The quarry will remain zoned agricultural; an amendment will be made to the map to reflect this action.

Peter Murray, District 11 supervisor and was on the original comprehensive planning committee - appeared in favor of the rezone. Spoke on the comprehensive plan and the vision of what the town should look like in the future. No one spoke against the rezone at a public hearing at the town.

Jerry Ott - appeared in opposition. Spoke in opposition to the requirement of requiring 35 acres to put up a house, 5 acres is plenty. If you farmed all of your life and you have 5 acres that you want to sell, you should be able to.

It was noted that under the PUD-cluster lot program you could still create a home on 5 acres and put an easement on 30 acres to reflect the 35-acre density prescribed by RC-35 zoning.

Donald Toeder - appeared in opposition. Expressed concern about regulation devaluing the land and to wait to see if change to general agriculture zoning.

The Committee discussed receiving income from tax credits that is zoned exclusive agriculture.

Junior Gurgel - spoke in opposition. Spoke about government regulations and concerns about the density policy.
Rose Valek - spoke in opposition.

Georgiann Bebar - spoke in opposition.

Lynette Gurgel - registered as interest may appear but did not wish to speak.

Simmert clarified that the map showing lands to be rezoned would be revised to exclude the Rock Springs quarry.

No other public comment was received; Chair Lehman closed the public portion of the hearing at 10:46 a.m.

It was noted that if this committee approves or denies, it still goes before the full County Board. The County Board can overturn the Committee’s decision.

Motion to approve the zoning by Halfen/Ashford. Motion to amend by Halfen/Ashford the motion to approve the rezoning and amend to exempt lands affected by the Rock Springs quarry. Ashford, Halfen, and Lehman all in favor of amendment. Motion carried.

Motion to approve the zoning and exempt lands affected by the Rock Springs quarry failed with Halfen in favor, and Lehman and Ashford opposed.

Petition # 5-2011. A Petition by Michael & Teresa Dimmer to change the zoning of property from a Commercial to an Agricultural Zoning District. The land to be affected by the proposed rezone to Agricultural is located in Section 15, T13N, R3E, Town of La Valle. Said area to be rezoned contains 11.91 acres more or less.

Simmert gave the staff report. The purpose of the rezone request, as stated by the applicant, is to establish the correct zoning designation to accommodate the pasturing and storing of livestock on the property. The rezone has been approved by the Town’s Plan Commission and Town Board. Staff recommends that the PZLR approve the petition to rezone to Agricultural. It is acceptable to rezone only part of a property. A topographical map was used to show the property’s slope.

Karen Geitz, property owner to the north, expressed concern about the rezone in written correspondence presented to committee.

Mike Dimmer, owner of the property, discussed the reasoning for requesting the rezone and future usage. There is a berm next to Geitz’s property, and there would be no manure runoff towards her house. Keep the front portion storage and farm in the back. Pasturing the cattle and rent some other acreage. Landowner from the south is okay with the rezone.

Beverly Vaillancourt, representing Town of Lavalle - registered in favor of the rezone. The Planning Commission saw no problem with it. Landlocked property served by the easement road. Recognizes changes the land base for taxing and recognizes land rights of owner. Saw two different roads and not sure where they go. Dimmers would need to validate them. There are smaller lots there with a few homes.

Discussed that there is no control regarding turning into a feed lot.

Simmert notified approximately 15 people within about a half mile of the property.

No other public comment was received; Chair Lehman closed the public portion of the hearing at 11:38 a.m.

Motion by Ashford/Nobs to approve the rezone. Motion carried, all in favor.

There was a short recess, and the Committee then reconvened in regular session.

Administrative review procedure-Corporation Counsel: Review of initial determination of a farm consolidation request by Larry Mundth per Sauk Co. §33.02: Michalek reviewed the information that was mailed to the committee. Regardless of what is here, the ordinance is what takes hold here and that is what was used in the decision letter sent initially. Two options were offered to Mundth with the original denial. Either need to affirm original decision or modify. Use that conditional use permit in the same way and add that he has 30 days to appeal the decision. The appeal goes to Corporation Counsel. There has not been an administrative appeal made.

Mundth stated he did not want to do a conservation easement. He presented history on the situation and reasoning why requesting the farm consolidation. He wants to retain all three credits to use for a future Transfer of Development Rights Program.

Town Board approved consolidation with knowledge of the dwelling.

Motion by Halfen/Ashford to reaffirm our original decision. Motion carried, all in favor.

Mundth appreciates reconsideration, would have appreciated a response when the request went out, don’t expect to go against an ordinance. We have a lot invested.

There was a brief recess and the meeting was called back to order at 12:23 p.m.

Surveyor Department:
a. Monthly report: Dederich presented his departmental report. Liebman’s August 16, 2011, letter to Todd Rummler regarding the payment under Sauk County’s monumentation bounty program was included. The evaluation went out with this letter.
b. Review and approval of vouchers: Motion by Ashford/Nobs to approve vouchers in the amount of $6,800. Motion carried, all in favor.
c. Review and possible action on 2012 budget: All line items stayed the same except salary went up 1 percent and worker’s compensation went down. It has the 2011 estimated numbers included. MIS chargebacks went down. Overall budget reductions. Motion to move on to finance by Halfen/Ashford. Motion carried, all in favor.

Register of Deeds Department:
a. Monthly report: Bailey presented his departmental report.
b. Review and approval of vouchers: Motion by Halfen/Nobs to approve the monthly vouchers in the amount of $3,810.70. Motion carried, all in favor.
c. Review and possible action on 2012 budget: Pretty much the same as last year. Biggest item is three new scanners. Will confirm the cost of the scanners with Pate. Asking $6,680 more in 2012, that number could be less if the scanners come in less. Redaction will be done under MIS. Revenues are $1,000 less than last year. Motion by Ashford/Halfen to forward the 2012 budget to finance. Motion carried, all in favor.

Next meeting of the Planning, Zoning & Land Records Committee will be held on Tuesday, August 30, at 7:00 p.m. at the La Valle Town Hall.

Motion by Ashford/Halfen to adjourn at 12:47 p.m. Motion carried, all in favor.

Respectfully submitted,




Joel Gaalswyk, Secretary